This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
” The public nuisance statute requires the petitioners to prove that parties knowingly marketed and promoted products they knew were dangerous. A coalition of 18 states, including Texas, Louisiana, Alaska and other major fossil fuel producers filed a amici curiae brief in support of the oil companies.
The statute defines “crime of violence” as one that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” The justices denied review in Granier v. Both the state courts and the lower federal courts rejected Granier’s request for post-conviction relief.
The plaintiffs allege that this provision violates the Virginia Readmission Act , a law passed in 1870 alongside a series of statutes to readmit representatives from former Confederate states to Congress. The case concerns a provision of the state constitution that automatically disenfranchises a person with any felony conviction.
A man was shot Thursday in Espanola, New Mexico during a protest over the reinstallation of a statute of the conquistador Juan de Onate , who massacred and enslaved the Acoma Indigenous people in 1599. The removal of controversial statues across the US has been challenged legally with mixed results in Texas , Tennessee and Louisiana.
This statute permits a defendant’s attorney to enter into plea negotiations with the U.S. 3553(a) (imposition of a sentence) requires a federal judge to consider the sentencing factors spelled out in that statute in order to impose a “substantively reasonable sentence.” These negotiations are known as “proffer meetings.”
Including improper drug claims in the labeling of non-drug products can expose your company to liability from the FDA/FTC to consumer actions brought under state consumer protections statutes, class action lawsuits, etc. to ensure the content adheres to Louisiana law prior to issuing the registration.
In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”
Back in 1969, long before Bubba Gump, Louisiana Judge Alvin Rubin explained the virtues of shrimp: “Shrimp, whether boiled, broiled, barbecued or fried, are a gustatory delight.” ” However on certiorari, the Supreme Court felt itself bound by the statute and precedent. by Dennis Crouch. Laitram Corp. Deepsouth Packing Co.,
The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C.
McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,
Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. District Court and won, prompting a government appeal to the D.C. In affirming the District Court’s ruling, the D.C.
The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. The USPTO is now seeking comments on where the office should be located — and the methodology it should use in selecting a location. [ Fed Reg ].
There’s nothing in any of the statutes that say, ‘If an agency doesn’t do this within 30 days, the secretary can fine them $500 or penalize them.’ It is incumbent upon the agencies themselves to comply with these statutes.”. We don’t have any stick,” Newsome said.
Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. In a 5-4 decision, it struck down mandatory death sentencing statutes. In addition, a seven-justice majority found guided discretion statutes to be constitutional.
Louisiana that it precluded all suits against a state (or its agencies) in federal court, including suits brought by state citizens to enforce federal constitutional provisions. Despite the apparently narrow language of the amendment – limited to suits in federal court brought by non-citizens of the state – the court held in 1890 in Hans v.
We may, however, be shuffling toward clarity with a new ruling out of Louisiana in the case styled Vetter v. Courts regularly embrace different approaches to these two types of copyright cases, such as when applying the statute of limitations. Sort of like “Interstellar,” but for copyrights. Sections 203 and 304 of the U.S.
Louisiana , 21-993. permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Until next time, stay safe ! New Relists. Returning Relists. 28 and Oct.
Court of Appeals for the 5th Circuit, based in Louisiana. Suri told the justices that this was not a question of convenience, but instead about Congresss choice in the statute to delineate where cases can be brought. During 72 minutes of oral arguments, almost all of the justices peppered Vivek Suri, the assistant to the U.S.
The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Louisiana , 21-993. relisted after the Oct. 28 conference). Returning Relists. 14 and Oct.
Louisiana , 21-993. 1346 ; and (2) whether deception that deprives a person of “potentially valuable economic information,” without more, can constitute “money or property” fraud under the federal mail and wire fraud statutes. Trans World Airlines, Inc. and several courts of appeals have held). relisted after the June 23 conference).
While the FCC also found Fox responsible for transmitting the segment to its affiliates nationwide in violation of the rule, the FCC did not fine Fox as a programming network because the one-year statute of limitations period applicable to non-broadcasters had expired.
There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.
In November 2023, a judge dismissed the lawsuit, largely citing procedural reasons, such as being outside the statute of limitations and the plaintiff’s lack of standing, for dismissing the claims. The post Fifth circuit hears civil rights suit alleging racist land-use policies by Louisiana parish appeared first on JURIST - News.
Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations and quotations omitted).
In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. Commissioner of Internal Revenue , 21-379.
She was charged under Louisiana law with malfeasance in office. The statute itself reads like criminalized negligence. The report was taken on August 23, 2021.”. She was ultimately dismissed after an investigation. What followed was relatively rare. What is interesting about the law is how broad the language is.
The Western District of Texas is a vast district, stretching more than 600 miles across from El Paso (on the western limits of the state) to Waco (which is much nearer to Louisiana than New Mexico). We have recently written an article in which we proposed a two-prong solution to the judge shopping problem.
Louisiana Judge Donald Johnson Tuesday granted a petition filed by reproductive health providers against the state’s abortion ban, the latest in a back-and-forth case set in motion after the US Supreme Court struck down Roe v. Johnson granted a temporary restraining order against state laws designed to take effect after Roe v.
Texas that Texas and Louisiana do not have constitutional standing to sue the federal government over a 2021 Homeland Security Memorandum that focuses immigration enforcement actions on non-citizens who are suspected of terrorism, committed serious crimes or are caught at the border entering illegally.
In Louisiana v. Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. Louisiana v.
Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. The report studied 39,253 people serving life-without-parole sentences in 20 states, representative of three-quarters of the LWOP population across the country.
The statute at issue in Dobbs did not deal with a prohibition on medical care in such circumstances. The statute also specifically provides an exception where the physician believes a medical emergency exists. The statute also contains an exception for abortions “necessary to save the life of a pregnant woman in a medical emergency.”.
Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v. Please check back for updates.
Amant, Louisiana. But the Louisiana Supreme Court reversed, saying that he could win relief only by showing the juror’s “actual bias, either by express admission or proof of specific facts showing” a sufficiently close to the case that “bias must be presumed.” The court may soon decide to answer that question. Kentucky ex rel.
The Department of Health and Human Services issued the rule, which applies to more than 10 million workers, in November, but two federal district courts – in Missouri and Louisiana – put the rule on hold in roughly half the states.
Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C.
And she argues that Dobbs has nothing to do with mootness, because she was arguing her due process rights were violated through Chapman’s “ graft[ing] [of] a new notice requirement onto a statute that does not require notice ” rather than because of her abortion rights alone. But Doe nonetheless states that she does not oppose vacatur.
The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.
Louisiana that the Sixth Amendment (as incorporated against the states by the 14th Amendment) guarantees criminal defendants the right to a unanimous jury, it meant a unanimous 12-person jury — not a six-person jury, which is all that Florida affords some felony defendants. Next up is Lackey v.
Attorney General Jeff Landry of Louisiana and eleven other states filed a lawsuit against the Biden administration and the Centers for Medicare and Medicaid Services (CMS), questioning their authority to issue a COVID-19 vaccine mandate for healthcare workers.
I just don’t know of a case,” he told Stewart, challenging the constitutionality of a statute in which the Supreme Court has inquired into the relative ease or difficulty of other options when the challengers are opposed to using those options. How, he queried, “can that possibly be the law?”. Justice Stephen Breyer was also dubious. “I
His attorney then filed a specific constitutional challenge to § 922(g)(8), arguing that the statute violated Rahimi’s Second Amendment right to own and possess firearms. Thanks to the Fifth Circuit Court of Appeals, that protection no longer exists in three Southern states—Texas, Mississippi and Louisiana. Supreme Court.
Louisiana , the U.S. The statute tasks the Department of Education with “issuing rules, regulations, or orders of general applicability” to “effectuate” Title IX’s antidiscrimination mandate. District Courts in Louisiana and Kentucky agreed with the plaintiffs and preliminarily enjoined enforcement of the rule in the plaintiff States.
The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it] These laws have been enacted in other states, including Louisiana, Mississippi, Virginia and Utah. Judge Ezra ruled that “H.B. 1181 is unconstitutional on its face.”
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content